Terms of Use

Last Revised: April 27, 2017

This Terms of Use Agreement (“Terms” or “TOU”) constitute a binding agreement between you and Lotus Law Center, A.P.C. (“Lotus Law Center”) and governs your use of the Lotus Law Center website located at www.LotusLawCenter.com, including without limitation all webpages provided thereon and all content contained therein (the “Site”).

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR ACCESS AND USE OF THIS SITE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY LOGOFF OF THE WEBSITE. YOUR FURTHER USE OF THE WEBSITE WILL BE CONSIDERED AS ACCEPTANCE OF THESE TERMS AND THE LOTUS LAW CENTER PRIVACY POLICY.

Acceptance of These Terms.

By accessing or using this Site, you: (a) acknowledge that you have read and understood this TOU; (b) accept and agree to be bound by this TOU; (c) represent you are authorized to enter into this TOU; and (d) acknowledge that this TOU constitutes a binding contract between Lotus Law Center and you.

License and Restrictions.

Lotus Law Center hereby grants to you a limited, royalty-free, non-exclusive, non-transferable revocable license to access and use the Site and any information contained on the Site, including without limitation any text, photographs, video, audio, graphics, software, codes or other materials (collectively, the “Content”).

You acknowledge, however, that you may only use the Site and Content for your own personal, non-commercial use and to obtain information about our services. You are prohibited from:

using the Site or Content for any unlawful, obscene, defamatory, threatening, harassing, abusive or otherwise objectionable purpose;

commercially exploiting, decompiling, disassembling, translating, or creative derivates of the Site or Content;

uploading or distributing via the Site any virus, Trojan horse, time bomb, worms, bots, spiders, scrapers or other malicious software, program, script, algorithm, methodology or similar process that may damage our system or the system of any user of the Site;

harvesting email addresses or using the Site or Content to send unsolicited bulk or commercial email (“spam”), junk mail or other unwanted, harassing or solicitous communications;

sending, publishing, displaying or using any Content or other material made available through the Site or Content in any manner that infringes the proprietary or other rights of Lotus Law Center or any third-party;

using the Site or Content to advertise to buy or sell any good or service; and

using the Site or Content in violation of any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.

The license granted to you by Lotus Law Center under this TOU is specific to you and cannot be transferred, sublicensed or assigned without the prior written consent of Lotus Law Center. Lotus Law Center reserves the right to pursue any available legal remedies for your unauthorized use of the Site or Content.

Disclaimer Regarding Links.

Our Site or Content may link to third party websites (the “Third-Party Sites”). Lotus Law Center does not review, regulate, or control the content of any Third-Party Sites and disclaim any responsibility for the availability, contents, accuracy, advertising, products, privacy policies or other material made available through any Third-Party Site nor do we endorse or guarantee any Third-Party Sites to which this Site links or is linked from. You should read the Terms of Use and Privacy Policy for any Third-Party Site you visit and contact the administrator of such Third-Party Site with any questions or concerns.

User Generated Content.

Certain pages or portions of the Site, including without limitation the blog commenting feature, may allow you to upload or post information. By submitting any text, photographs, images, drawings, audio, video or other materials (the “User Content”), you grant to Lotus Law Center a worldwide, perpetual, nonexclusive, transferable irrevocable license to use the User Content for any lawful purpose, including without limitation modifying, reformatting, distributing, publicly performing or displaying and creating derivative works for your User Content, subject to the Lotus Law Center Privacy Policy. You acknowledge and agree Lotus Law Center may alter or remove from the Site any User Content provided by you without prior notice or obligation to you.

User Representations.

You represent and warrant that you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another’s privacy, hateful, tortious or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law, (iv) violate, plagiarize, or infringe the rights of third parties, including without limitation copyright, trademark, patent, trade secret, rights of privacy or publicity or any other proprietary rights, (v) contain any viruses, Trojan horses, worms, time bombs, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (vi) contain any information, software or other material of a commercial nature, or (vii) contain advertising of any kind or false or misleading indications of origin or statements of fact.

You represent and warrant that you own or are authorized to provide any User Content furnished to Lotus Law Center by you, and that the User Content will not violate any right of any third party, including without limitation any proprietary or contract right.

You further represent and warrant that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You shall not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure (e.g. the sending of mass email or junk mail). You shall not link to the Site in any manner that would bypass the Site’s home page, and may not “frame” the Site or any portion thereof.

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our Site infringes your copyright, you (or your agent) may send us a notice of alleged copyright infringement (a “Takedown Notice”) requesting that the content or material be removed, or access to it blocked. Takedown Notices should be sent in writing to:

The DMCA requires that your Takedown Notice include the following information:

description of the copyrighted work that is the subject of claimed infringement;

description of the alleged infringing content and information sufficient to permit us to locate the content on the Site;

contact information for you, including your address, telephone number and e-mail address;

a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law;

a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and

a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.

Upon receipt of a Takedown Notice, we will remove the infringing content from our website and contact the original poster of the content. If the original poster of the content (the “Subscriber”) believes the Takedown Notice was issued in error, he or she may issue a counter notice (“Counter Notice”) identifying the material that was erroneously removed. The Counter Notice must include:

A physical or electronic signature of the Subscriber.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

The Subscriber’s name, address, and telephone number, and a statement that he or she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

After receiving a compliant Counter Notification, we will forward a copy of the Counter Notice to you. If you inform us that you have initiated an action seeking a court order against the Subscriber, we will take no additional action, and any accused infringing material will continue to be removed until that action is resolved. If we do not receive notice from you that an action has been initiated against the accused Subscriber, we will inform the Subscriber that any removed content may be replaced by the Subscriber, and we will take steps to restore access to any blocked content.

We encourage you to consult an attorney before filing a Takedown Notice or Counter Notice. Please be aware that there are penalties for issuing false claims under the DMCA.

Intellectual Property Rights Ownership and Notification.

Unless otherwise noted, all right, title and interest in the Site and Content are the exclusive property of Lotus Law Center and are protected by copyright, trademark, patent, trade secret and other intellectual property laws. All proprietary rights herein shall at all times remain with Lotus Law Center and its licensors. You acknowledge you only receive a license to use the Site and Content and do not acquire any interest therein. You agree not to claim any right or interest into the Site or Content.

You are prohibited from removing, altering or obscuring any copyright or other proprietary notice or usage restriction on the Site or Content, or any copies or versions thereof.

The Lotus Law Center name, logo, Your Corporate Attorney™ and other product/service names, brands, slogans and other marks are the trademarks or servicemarks of Lotus Law Center (collectively, the “Trademarks”). You are prohibited from using the Trademarks for any purpose, including without limitation to suggest Lotus Law Center endorses or supports you, your business or your products/services without the prior express written permission of Lotus Law Center.

LIMITATION OF LIABILITY.

You use this Site and the Content at your own risk. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND CONTENT ARE PROVIDED “AS IS” “AS AVAILABLE” WITHOUT LIABILITY OF ANY KIND. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, SHAREHOLDERS, OFFICERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF SUBSTITUTE DATA, OR OTHER SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.

YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEABLE, THEN LOTUS LAW CENTER’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE TOTAL AMOUNT PAID BY YOU TO LOTUS LAW CENTER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

WARRANTY DISCLAIMER.

LOTUS LAW CENTER DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LOTUS LAW CENTER MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE. LOTUS LAW CENTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF EXPECTATION OF PRIVACY, PERFORMANCE, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOTUS LAW CENTER DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SITE MAY BE INTERCEPTED BY THIRD PARTIES AND AGREE THAT ACCESS TO THE SITE AND CONTENT IS AT YOUR OWN RISK.

Billing.

By providing Lotus Law Center with any financial account information, including without limitation a credit card, account number, check, payment card expiration date, or billing address, you warrant to Lotus Law Center that you are the accountholder of record and are authorized to enter into such transaction. You authorize Lotus Law Center to use your payment information in accordance with our Privacy Policy, including providing your payment information to third-party payment processors for the purpose of conducting a transaction. It is your responsibility to update your payment information as necessary. Late or cancelled payments may result in additional fees.

No Professional Advice.

Nothing on the Site or in the Content is intended to be, or should be construed as, legal or other professional advice. By accessing the Site or Content, no attorney-client relationship is created, and any material or information you send to us is not protected by the attorney-client privilege and may not be confidential. An attorney-client relationship is created only after we discuss your situation and agree to the terms of the engagement in writing. Do not send us any confidential information until an attorney-client relationship has been formed.

Changes to the Site or Content.

Lotus Law Center reserves the right to modify, alter, remove, or add improvements to this TOU, the Content, information, services, products or other materials on this Site at any time without prior notice to you. We will notify you of any changes to this TOU by posting the new TOU here with the new effective date at the top of this TOU. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the Site or Content after any modification to this TOU shall constitute your acceptance and agreement with the new Terms. If you do not agree with the new Terms, you must immediately cease using the Site and Content.

Lotus Law Center may change, suspend, disable or discontinue any aspect of the Site at any time, including without limitation the Content, services description, services offered, database, hours of availability, and equipment needed for access or use of the Site without notice or obligation to you. Lotus Law Center may also impose limits on certain features and services or restrict your access to all or portions of the Site without notice or liability.

Privacy Policy.

We are committed to protecting your privacy and security and have explained in detail how we use your information in our Privacy Policy (http://www.lotuslawcenter.com/privacy-policy/), incorporated herein by reference. You should read our Privacy Policy before you use the Site or Content.

Indemnification.

You agree to indemnify, defend and hold harmless Lotus Law Center, its officers, directors, shareholders, employees, members, consultants, agents, affiliates, licensors and suppliers from any and all third party claims, liabilities, damages, expenses and/or costs (including reasonable attorney’s fees) arising from: (a) your use or reliance on the Site or Content, or any derivatives thereof; (b) your breach of these Terms; or (c) your violation or non-compliance with any law or regulation. Lotus Law Center reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Lotus Law Center.

Jurisdictional Issues.

We operate and control our Site from our offices in the United States of America. We do not represent that materials on this Site are appropriate for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Governing Law.

These Terms of Use will be governed by laws of the State of California without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms of Use or use of this Site will be brought in the state or federal courts located in San Diego County, California. Any cause f action you may have with respect to the use of the Site or Content must be commenced within one (1) year after the claim or cause of action arises.

Severability; Entire Agreement.

If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

This TOU, including the Privacy Policy and any other documents referenced herein, is the entire agreement between Lotus Law Center and you governing your access to, dealings with, and use of this Site or the Content.

Notices.

Any notices you send to us pursuant to the terms of this TOU shall be in writing and sent by nationally-recognized courier service or certified mail, return receipt requested, to Lotus Law Center at:

Lotus Law Center, A.P.C.
3755 Avocado Blvd., #282
La Mesa, CA 91941

or to you at the email address you provide to Lotus Law Center during your use of the Site, or such other addresses as ether party may specify in writing. Notice shall be effective three (3) days after it is submitted to the postal or courier service for delivery.

Termination.

Lotus Law Center may at any time, with or without cause, suspend or disable your access to the Site, without liability to you.

Waiver.

Any failure by Lotus Law Center to assert any rights it may have under this TOU does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

Assignment.

Lotus Law Center may assign its rights under this TOU in connection with a merger, consolidation, acquisition or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this TOU without the prior written consent of Lotus Law Center, which may be withheld in Lotus Law Center’s sole discretion.

Independence.

You acknowledge that nothing in this TOU or in the relationship created herein shall be construed as a joint venture, partnership, agency or third-party beneficiary relationship.

Reservation of Rights.

All rights not expressly granted in this TOU are reserved by Lotus Law Center.

Lotus Law Center, APC

2555 Camino del Rio South, Suite 210

San Diego, CA 92108

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